Model Contract Document for Maintenance of Highways
2011 Edition

The minimum eligibility under IRC SP 95 includes the following: Joint ventures are not permitted; bidders must demonstrate an average annual turnover over the last three years of at least 30% of the estimated project value as per the Notice Inviting Tender (NIT). Experience-wise, the bidder should have satisfactorily completed similar road works either as lead contractor, concessionaire (with at least 26% equity), or nominated subcontractor with options such as 3 projects each about 40% of work value, or 2 projects around 50%, or a single project of approximately 80% of the project value, adjusted for inflation. Supporting documents such as affidavits and proof of equipment, technical personnel, and labor availability are required. Subcontracting is limited to a maximum of 50% of the contract value, and bidders must have no record of disqualification due to corrupt or fraudulent conduct.

According to IRC SP 95, granular shoulders should maintain a 2.5% crossfall with no surface undulations, matching the adjacent pavement edge. Permissible defects include up to 5 potholes per kilometer (each not exceeding 300 sq.cm area and 4 cm depth), rutting up to 40 mm over 100 meters, and an edge drop not exceeding 50 mm over 200 meters. Issues must be repaired within 14 days, and water ponding corrected within 48 hours. Earthen shoulders are to have a crossfall 1% greater than the paved surface with no undulations or settlements, tolerances between 2.5% and 5%, and a maximum edge drop of 50 mm over 200 meters. Vegetation is limited to grass cover not exceeding 100 mm in height. Repairs on earthen shoulders must be completed within 14 days, and water ponding within 3 days. Inspections use visual checks, camber boards, and straight edges.

Contractors are required to maintain comprehensive insurance coverage from the contract start date until the end of the Defects Liability Period. This includes insurance for loss or damage to works and materials, contractor’s equipment, and other property related to the contract (excluding the aforementioned categories). Additionally, third-party liability insurance, automobile liability, workers’ compensation, employer’s liability, and any other insurance specified in the contract data are mandatory. Policies must be in joint names of the employer and contractor, payable in Indian Rupees, with certificates submitted for engineer approval before commencement. Subcontractors must also be covered either under contractor’s policies or separately. Failure to provide insurance may result in the employer obtaining coverage and recovering costs from the contractor.

During the Defects Liability Period (DLP), which begins from the date of completion as defined in the contract data, the engineer inspects the works to identify any defects such as cracks, shrinkage, or other faults. The engineer must notify the contractor of these defects before the DLP expires. The contractor is then obligated to rectify all notified defects. The DLP automatically extends until such defects are fully remedied. If additional tests not originally specified are ordered by the engineer to confirm defects, the contractor bears the costs if defects are found. Routine maintenance works are exempt from the DLP, governed instead by service quality levels.

Routine maintenance is compensated on a lump-sum basis covering the entire contract period as per the Bill of Quantities (BOQ). Reactive maintenance works are paid based on unit measurements corresponding to actual quantities executed. Full Depth Repairs (FDR) and Special Repairs (SR) require contractor notification and engineer approval, with payment made on authorized work orders at BOQ rates. Periodical Renewal (PR) and Pavement Riding Quality Improvement (PRQI) works are carried out upon engineer instruction, paid on unit rates. Contractors must prepare and have maintenance manuals approved, maintain quality control records, and conduct mandatory pre- and post-monsoon inspections. Payment methods ensure transparency and adherence to contract standards.